Maa Bailoon Associates Pvt Ltd, Ghaziabad V. ITO WARD - 16(1), New Delhi

ITA 397/DEL/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7491 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 21-01-2020
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: GOVIND SINGHAL
• Keywords: Set aside
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE, SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.397/Del/2020 (ASSESSMENT YEAR 2014-15) Maa Bailoon Associates Pvt. Ltd, 4C/108, Bartalok Apartment, Vasundhara Ghaziabad (UP) PAN-AAICM 0975D Vs. Income Tax Officer Ward-16(1), New Delhi (Appellant) (Respondent) Appellant By Sh. P.P. Singh, CA and Authorized Representative Respondent by Sh. Govind Singhal, Senior Departmental Representative ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals)-6, Delhi [“Ld. CIT(A)”, for short], dated 15.11.2018 for Assessment Year 2014-15. Grounds taken in this appeal of Assessee are as under: “1. The Ld. CIT(A) has erred in upholding the disallowance of Rs.1,58,00,050/- being addition on account of advances from customers. 2 ITA No.397/Del/2020 Maa Bailoon Associates Pvt. Ltd. vs. ITO 2. The Ld. CIT(A) has erred in upholding the disallowance of Rs.5,00,000/- being addition on account of non current Investment. 3. The Ld. CIT(A) has erred in upholding the disallowance of Rs.2,72,44,000/- being addition on account of purchases.. 4. The Ld. CIT(A) has erred in upholding the disallowance of Rs.1,69,405/- being addition on account of day to day expenses claimed in return of income e-filed.” (B) In this case, ex-parte assessment order dated 22/12/2016 was passed by the Assessing Officer (“AO” for short) u/s 143(3) of the Income Tax Act, 1961 declaring total income at Rs.4,43,08,785/- as against the returned income of Rs.5,94,880/-. Aggrieved, the assessee filed appeal in the office of Ld. CIT(A). Vide impugned appellate order dated 15/11/2018, the Ld. CIT(A) dismissed the assesseee’s appeal through an ex-parte order. Aggrieved again, the assessee has filed this present appeal in Income Tax Appellate Tribunal (“ITAT” for short). (B.1) At the time of hearing before us, the Ld. Authorized Representative (“Ld. AR” for short) for assessee submitted that the assessee did not get reasonable opportunity during the assessment proceedings before the Assessing Officer or during the appellate proceedings before the Ld. CIT(A). He submitted that the assessment order dated 22/12/2016 and impugned appellate order dated 15/11/2018, both have been passed ex-parte qua the assessee and neither the Assessing Officer nor the Ld. CIT(A) had provided reasonable opportunity to the assessee. He submitted that 3 ITA No.397/Del/2020 Maa Bailoon Associates Pvt. Ltd. vs. ITO the impugned appellate order of the Ld. CIT(A) and the assessment order of the Assessing Officer should be set aside and all the issues in dispute in the present appeal filed by the assessee in ITAT should be restored to the file of the Assessing Officer for fresh order in accordance with law after providing reasonable opportunity to the assessee. (B.2) The Learned Senior Departmental Representative (“Ld. Sr. DR” for short) for Revenue was in agreement with the submissions of the Ld. AR of the assessee; and agreed that all the issues in dispute in the present appeal filed by the assessee in ITAT should be restored to the file of the Assessing Officer for fresh order in accordance with law after providing reasonable opportunity to the assessee. (B.2.1) We have heard the representatives of both sides, the Ld. AR for assessee and the Ld. Sr. DR for Revenue. Both are in agreement that all the issues in dispute in the present appeal in ITAT should be restored to the file of the Assessing Officer for fresh order in accordance with law after providing reasonable opportunity to the assessee. In view of the foregoing; and as both sides are in agreement, we set aside the impugned appellate order dated 15/11/2018 of the Ld. CIT(A) and aforesaid assessment order dated 22/12/2016 of the Assessing Officer, we set aside all the issues in dispute in the present appeal before us, to the file of the Assessing 4 ITA No.397/Del/2020 Maa Bailoon Associates Pvt. Ltd. vs. ITO Officer for de novo order in accordance with law, after providing reasonable opportunity to the assessee. By way of abundant caution we clarify that we have expressed no opinion on merits of these disputed issues; and all legal remedies/recourse are available to both sides in the course of proceedings before the AO in pursuance of the our aforesaid direction. (C) In the result, this appeal is allowed for statistical purposes. This order was already pronounced orally on 14 th July, 2022 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing. Now this order in writing is signed today on 14/07/2022. Sd/- Sd/- (CHANDRA MOHAN GARG) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:14/07/2022 Pk Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI